Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44704 WP No. 22016 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 22016 OF 2022 (KLR-LG) BETWEEN:
SRI. P. CHANDRASHEKARA S/O CHINNAPPA GOWDA, AGED ABOUT 59 YEARS, R/O NO.225/1, MADAKA HOUSE, SULYA KASABA VILLAGE, DUGGALADKA POST, SULYA TALUK, SULYA, DAKSHINA KANNADA DISTRICT-574239. …PETITIONER (BY SRI. SACHIN B. S., ADVOCATE) AND:
1.
STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, BANGALORE-560001.
2.
THE DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICT, MANGALORE-574239.
3.
THE ASSISTANT COMMISSIONER, SULYA DIVISION, SULYA-574239.
Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:44704 WP No. 22016 of 2022
4.
THE TAHSILDAR, SULYA TALUK, SULYA-574239.
5.
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, ARANYA BHAVAN, 18TH CROSS, MALLESHWARAM, BENGALURU-560003.
6.
THE ZONAL FOREST OFFICER, SULYA DIVISION, SULYA-574239.
7.
THE SECRETARY, SULYA NAGARA PANCHAYATH, SULYA-574239.
…RESPONDENTS (BY SRI. SPOORTHY HEGDE, HCGP FOR R1 TO R6;
NOTICE TO R7 IS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER/PROCEEDINGS DATED 30/09/2022 BEARING NO.L.N.D(1B) P.D.R.317/2022/194354/B6 THAT PASSED BY THE RESPONDENT NO.2 HEREIN. A COPY OF THE SAID
ORDER/PROCEEDINGS IS HEREWITH SUBMITTED AS ANNEXURE A AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:44704 WP No. 22016 of 2022
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
In light of memo filed, notice is dispensed with as regards respondent No.7 at the risk of the petitioner.
2. The petitioner has called in question the correctness of the order at Annexure-A, whereby the application of the petitioner on the ground of Ex-serviceman for grant of land under the Land Grant Rules has been rejected by an order on various grounds as spelt out in the order at Annexure-A.
3. Though various contentions have been raised by the petitioner regarding discrimination in the method of the authority in treating similarly placed persons, however, it is to be noticed that essentially the order at Annexure-A contains reasons for rejection of the request of the petitioner for grant of land. Such order has been passed on the various grounds, correctness of which requires factual adjudication.
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HC-KAR NC: 2025:KHC:44704 WP No. 22016 of 2022
4. Accordingly, correctness of such order to be taken before the Appellate authority in terms of Section 49(c) of the Land Revenue Act before the Tribunal. All
contentions are however kept open. Office to return the original / certified copies filed in the petition.
5. Needless to state, in light of the petitioner having been relegated to avail of substantive remedy, the time spent before this Court may be taken note of while determining limitation. Accordingly, the petition is disposed of.
Sd/- (S SUNIL DUTT YADAV) JUDGE
MCR